Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.2(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.2(c) apply to such requested Borrowing, or (ii) to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.2(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.2(d), Agent shall elect to have the terms of Section 2.2(c) apply to such requested Borrowing.
Appears in 4 contracts
Samples: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Horizon Technology Finance Corp)
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.2(a)Borrowing, Agent shall elect, in its discretionPermitted Discretion, (i) to have the terms of Section 2.2(c) apply to such requested Borrowing, or (ii) to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.2(d) in the amount of the requested Borrowing; provided, however, that if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.2(d), Agent shall elect to have the terms of Section 2.2(c) apply to such requested Borrowing.
Appears in 1 contract
Samples: Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.)
Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.2(a), the Agent shall elect, in its discretion, (i) to have the terms of Section 2.2(c) apply to such requested Borrowing, or (ii) to request Swing Line Lender to make a Swing Line Loan pursuant to the terms of Section 2.2(d) in the amount of the requested Borrowing; provided, however, that if Swing Line Lender declines in its sole discretion to make a Swing Line Loan pursuant to Section 2.2(d), the Agent shall elect to have the terms of Section 2.2(c) apply to such requested Borrowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Corrections Corp of America/Md)